Jun 24 09:26
4 days ago
20 viewers *
Italian term

l'acquirente succede al venditore nel possesso

Italian to English Law/Patents Real Estate
Contratto di compravendita

L'acquirente succede al venditore nel possesso del bene in contratto, anche ai sensi dell'art. 1146 del Cod. Civ.

This sentence is in the articolo - modalità, effetto traslativo, servitù e patti speciali.

I'm unsure as to the meaning of "succede al venditore nel possesso" in this context.
Thank you for any help.
Change log

Jun 24, 2024 09:26: Yana Dovgopol changed "Vetting" from "Needs Vetting" to "Vet OK"

Jun 24, 2024 09:26: Yana Dovgopol changed "Kudoz queue" from "In queue" to "Public"

Proposed translations

1 hr

the buyer is subrogated in possession to the seller (vested in possession as successor-in-title to)

acquirente : literally, buyer or purchaser (Garzanti) for money or acquirer.

In a probate sale, the parties would be buyer & seller (user-friendly UK conveyancing terminology since 1980) vs. purchaser/ vendor pre-1980 or in antiquated Chancery-speak.

Otherwise, transferor-transferee would get round the English land-law trap of a purchaser including a mortgagee.

(non-insurance) subrogation *in* a right *to* another party in whose shoes the subrogee now stands (is substituted) ..
Example sentence:

UK Law of Property Act 1925 Purchaser is defined as ‘a purchaser in good faith for valuable consideration and includes a lessee, *mortgagee (mortgage lender!) or other person who for valuable consideration acquires an interest in property (s.205(1)(xxi)

possession or enjoyment of the thing in question. In the definition of fixed entitlement, 'vested' includes both vested in possession and vested in interest.

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9 hrs

The purchser substitutes himself as the lawful owner

of the property hitherto owned by the seller (as a result of buying it from him/her, obviously);

Keep it simple.
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+1
12 hrs

the buyer will obtain possession from the seller

Here's a more plain-English suggestion. It's important to make the distinction between ownership and possession.
Peer comment(s):

agree Andrew Bramhall : Yep; no need for any vesting or subrogation of anything;
10 hrs
Thanks! Very gracious of you.
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